DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 9395-08
16 July 2009
‘This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the
United States Code, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 15 July 2009. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of
this Board. Documentary material considered by the Board
consisted of your application, together with all material
submitted in support thereof, your naval and medical records,
and applicable statutes, regulations and policies.
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice. The Board found that you entered active
duty in the Navy on 19 August 1974. You received nonjudicial
punishment on five occasions for wrongful use of marijuana,
dereliction in the performance of your duties, disobeying a
lawful order, two instances of unauthorized absence from your
appointed place of duty, and failure to obey a lawful order.
You were diagnosed with a passive-aggressive personality
disorder. You were also arrested by civilian authorities for
possession of marijuana. You were recommended for
administrative separation for unsuitability based on your
diagnosed personality disorder. On 22 July 1977, you received
a general discharge for unsuitability, and were assigned an RE-
4 reenlistment code.
The Board, in its review of your entire record, carefully
weighed all potential mitigation, such as your youth and
personality disorder. Nevertheless, the Board concluded that
these factors were not sufficient to warrant changing your
general discharge because of your repetitive misconduct. The
' Board believed that you were extremely fortunate to have
received a general discharge, since you could have been
processed for misconduct and received an other than honorable
discharge. In view of the above, your application has been
denied. The names and votes of the members of the panel will
be furnished upon request.
It is regretted that the circumstances of your case are such
that favorable action cannot be taken. You are entitled to
have the Board reconsider its decision upon submission of new
and material evidence or other matter not previously considered
by the Board. In this regard, it is important to keep in mind
that a presumption of regularity attaches to all official
records. Consequently, when applying for a correction of an
official naval record, the burden is on the applicant to
demonstrate the existence of probable material error or
injustice.
Sincerely,
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